This information may not apply to the current year. Check the content carefully to ensure it is applicable to your circumstances.

End of attention

A private ruling is a written expression of opinion by the Commissioner about the way in which tax laws and other specified laws administered by the Commissioner would apply to, or be administered in relation to, an entity in relation to a specified scheme.

An application for a private ruling must be made in the approved form and in accordance with Division 357 and 359 of Schedule 1 of the TAA 1953.

The required information and documentation that accompany a private ruling request must be sufficient for the Commissioner to make the private ruling and include:

the entity to whom the ruling is to apply

the facts describing the relevant scheme or circumstance

relevant supporting documents, such as transaction documents

issues and questions raised that relate to the relevant provision to which the ruling relates

your argument and references on these questions.

The Commissioner may request additional information to make a ruling. The Commissioner will then consider the request and either issue or, in certain limited circumstances, refuse to issue a private ruling.

The trustee may apply for a ruling affecting a member's income tax affairs with the written consent of the member.

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If you follow our information and it turns out to be incorrect, or it is misleading and you make a mistake as a result, we will take that into account when determining what action, if any, we should take.

Some of the information on this website applies to a specific financial year. This is clearly marked. Make sure you have the information for the right year before making decisions based on that information.

If you feel that our information does not fully cover your circumstances, or you are unsure how it applies to you, contact us or seek professional advice.